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The Lusaka High Court has ruled that the constitutional bail application involving opposition leaders Brian Mundubile, Makebi Zulu and 16 others is properly before the court, clearing the way for the substantive hearing of the matter.
The ruling means the court can proceed to hear the application seeking the release on bail of the 18 accused persons facing treason charges.
In separate statements issued following the ruling, both Mundubile and Zulu welcomed the court’s decision.
“We welcome the Court’s ruling and we look forward to continuing the legal proceedings. We continue praying for openness, fairness and justice to prevail,” Mundubile said.
Zulu echoed the same sentiments, saying: “We welcome the Court’s ruling and we look forward to continuing the legal proceedings. We continue praying for openness, fairness and justice to prevail.”
The case stems from Zambia’s general election held on August 13, 2026, which was won by incumbent President Hakainde Hichilema.
Mundubile, the presidential candidate for the National Reconciliation Party for Unity and Prosperity and leader of the Tonse Pamodzi Alliance, finished second, with Zulu serving as his running mate.
The two opposition leaders, together with 16 others, have been in custody since August 14, 2026, facing allegations of treason, sedition and terrorism-related offences.
The 18 applicants are seeking unconditional release or bail under reasonable conditions pending trial.
They have sued Attorney General Mulilo Kabesha and Director of Public Prosecutions Gilbert Phiri, arguing that their continued detention without trial violates their constitutional rights.
A separate sedition case arises from Facebook posts and livestreams made on August 14, 2026, a day after polling.
Mundubile is alleged to have announced that his party was leading based on its parallel vote tabulation and called on the Electoral Commission of Zambia to resume the counting of votes.
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Zulu, on the other hand, is alleged to have announced that Mundubile would address the nation and urged members of the public to remain on standby.
Authorities allege that opposition members were found in possession of weapons at Mundubile’s property and were planning an uprising, allegations they have denied.
Mundubile has maintained that security forces raided the property and shot at an unarmed group that had gathered there.
The treason case is before a three-judge panel comprising Justices Derrick Mulenga, Davies Chibwili and Ireen Wishimanga.
Treason is ordinarily a non-bailable offence under Zambian law, prompting the accused to seek constitutional bail.
The defence argues that the continued detention of the 18 accused without trial violates their constitutional rights, citing Articles 13 and 28 of the Constitution, which provide for the protection of personal liberty and the enforcement of fundamental rights.
The State opposed the application on a preliminary point, arguing that it had been improperly commenced as a civil petition instead of through the criminal registry and should therefore be dismissed for want of jurisdiction.
The defence opposed the State’s objection, arguing that it did not address the substantive question of whether the continued detention of the accused was constitutional.
On November 5, 2026, the Solwezi High Court ordered the separate sedition case to be transferred to Lusaka after finding that both accused were residents of Lusaka and had been arrested in the capital.
Zulu, a constitutional lawyer, has also been granted leave to represent himself in the constitutional bail proceedings.
The 18 accused are being held at Mukobeko Maximum Security Prison in Kabwe, while the trial on the treason charges is yet to commence.
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